In a world with an intellectual history of seven thousand years behind it, where do Pakistanis stand, what are they doing, what do they aspire to be, and what ought they to be doing? This Blog takes Notes of all of that ...

Thursday, November 28, 2013

Why to focus on social media that it incited sectarian violence; whereas sectarian outfits and their comfortable fund-raising and publishing ventures may be causing the sectarian violence, as the following cartoon shows:

Friday, November 22, 2013

One of the lawyers from
government side while commenting on the Supreme Court’s judgment restoring the
Chief Justice of Pakistan and quashing of the presidential reference against
him in a talk-show first said: one side has to lose and the other to win. Then,
in the same breath he said: it’s a win-win situation. He said: it’s a victory
for justice, a victory for the rule of law, and a victory for General Musharraf
also. He explained that it’s during the regime of a dictator that such a
historic ruling was made. Probably, he meant that the judgment might have been
influenced in favor of the government. Regardless of what would have been this
lawyer’s stance had government won the case, it’s worth-pondering where the
government stands now.

The reactions from the
government after the verdict show that its thinking is not much different from
that of the lawyer’s. It says it accepts the judgment and it won’t be going for
a review petition or another reference against the Chief Justice. But it’s
eager to take credit for letting the court hear the case on merit and decide it
independently. Also, it seems it’s not in a mood to admit its mistakes, and
beyond that to mend its ways. A strong reason for this belief is its past
behavior and of previous governments’ also. Just like the general sentiment
before the verdict that the court’s judgment would be providing a saving for
the faces involved, especially for the government; the present public sentiment
expects some “balancing act” from the government to neutralize its defeat in
the apex court. But if so happens it will be most uncalled for and making the
government weaker.

It’s time for the present
regime to take stock of its character and performance. As is clear, it has a
long list of negative points to its credit. It’s unconstitutional, it’s
military-led, it’s immoral, it’s manipulated, it’s dictatorial, it’s imposing,
it’s a travesty of democracy, it’s without a social base, and last but not
least, whether it is at its climax or not, it seems like all other military
governments it will leave the people of Pakistan ever more insecure and
deprived, and their problems enhanced and aggravated incomparably.

Additionally, as such
governments derive their power from a deformed constitution; this one has also
been bent upon seeking more and more power. This lust for power has landed it
in self-created crises, the most recent examples of which are the issues of Lal
Masjid and Chief Justice’s removal. As to the Lal Masjid issue, the delaying of
government action against the Lal Masjid brothers and their accomplices
strengthened the stances of the conspiracy theorists. As one of the important
explanations, it was suggested that government itself or some intelligence
agencies were behind its staging. Another such explanation placed the Lal
Masjid issue against the backdrop of judicial crisis and fight against
terrorism.

Be that as it may, the crisis
of Lal Masjid was, directly or indirectly, one of the biggest lapses of the government
and its agencies. As governments in Pakistan have been fond of patronizing
elements which could be used at various occasions for furthering their cause, Lal
Masjid brothers were no different. With time, when they thought they were
powerful enough they started “challenging the state or government’s authority.”
Regardless of the controversy that the whole episode of Lal Masjid was a
concocted drama, what was happening in and around the Lal Masjid made
government’s authority suffer a dangerous setback.

It is appreciable in clear
terms that in executing the ‘operation silence’ the government acted very
cautiously, showed restraint and cared for the lives of a large number of
innocent girls and boys. It’s a victory for the rule of law. Had it bowed down
to the demands of the Lal Masjid occupiers whether due to outside political
pressure or for its own expediencies and let the occupiers escape from the law,
the conspiracy theorists would have been proved right.

However, the restraint and
care for human life do not absolve the government from its negligence or
complicity. Why and how did it let this happen in the heart of the capital? How
come the Lal Masjid brothers got such fire power store and such militants hide
in the Lal Masjid and Jamia Hafsa? Why the Lal Masjid brothers were set free on
the instance of a minister while they were caught in possession of unlawful
arms? Hadn’t one minister who is now a member of the federal cabinet passed a
number of years in jail for the same offence? Why under the nose of government
and its agencies the Lal MasJid brothers were given unbounded freedom to play
with the freedom of local and foreign citizens? Why in the presence of many
cases registered against them the Lal Masjid brothers were never taken to task?

Same is the case with the
Chief Justice’s removal from his office. From the very start, the government
behaved quite irresponsibly. It didn’t care a dime for the constitutional
provisions on the issue. The more one looks into the events unfolded during
March 9 to March 13, the more one is convinced of the fact that it was simply a
case of outright removal of the head of the Supreme Court of Pakistan. Isn’t it
enough to show where stood the highest court in the eyes of the present
government? It was very likely that the government had succeeded in getting the
Chief Justice resigned quietly. But for Mr. Justice Iftikhar Muhammad
Chaudhry’s courage, unprecedented in the history of Pakistan, and for the
lawyers’ rallying together on Mr. Chaudhry’s side that the government miserably
failed in bringing the court under its sway.

No doubt, both the crises
were a creation of government’s own inaction and action. Now, it will have to
cope with the unintended consequences unraveling in the form of suicide
bombings, terrorist attacks on the security forces, and far weakened and
demoralized government machinery. For this it is necessary for the government
to accept the Supreme Court’s judgment whole-heartedly in letter and spirit,
and not to jeopardize its independent working in any manner. In the context of
euphoria and hopes of realizing a dreamland generated by the restoration of
Chief Justice and rising level of expectations of the various strata of
Pakistani society from the Judiciary, it is of utmost importance that
government must follow the sentiments of the people.

It is high time for the
government to realize that taking advantage of this moment the crucial issues
such as political instability, terrorism, ethnic and religious strife marring
the integrity of Pakistani society may be resolved amicably. It should see
through this moment optimistically to a new Pakistan emerging out of the future
horizon. It should not fabricate hurdles and put them in the way of this
movement to let there be a smooth transition. Surely, it will beget more
violence. Rather, it should let the judiciary hold free and fair elections to
have the people of Pakistan a government of their choice. Like the Supreme
Court’s judgment that has opened new venues for the aggrieved and deprived
sections of society, smaller provinces and political parties, and as they are
most likely to make use of this as a door where they could knock at for
justice, free and fair elections will prove to be an impetus to this process of
resolution. They will ensure that instead of a government that comes to power
as a result of some deal with the military regime, their true representatives
are there to solve their problems.

Lastly, another significant
issue needs to be addressed here. It is most unfortunate that the US and Western
powers and their statesmen dogmatically believe that it is only a military
government be that of Musharraf or any other General that could contain
terrorists and fight terrorism. Or, as they fear lest the terrorists take hold
of Pakistan’s nuclear installations. This is quite a mistaken view and
outrageous to the people of Pakistan. Constitutionally, Pakistan Army is an
institution that is supposed to work under the civilian set-up. Why doesn’t it
fight terrorism and terrorists under the aegis of a civilian government? Mind
it this civilian government need not be one that is of US or West’s choice.
This must be one that wins the elections fairly and freely, and cares for the
aspirations of the people of Pakistan. That’s the way to the long-term
resolution of the problem of terrorism also, and that is what the present
Pakistani government must heed to make the Supreme Court’s judgment a win-win
situation.

[This article was completed
on July 22, 2007. A shortened version of it appeared in the Mint (India) on August 6, 2007.]

The
SC had reserved the ruling in a case pertaining to alleged bogus degree of
PML-N leader and MNA Sumaira Malik. The court also declared 2008 notification
as null and void, declaring her successful in 2008.

The
court ruled that the PML-N MNA was not qualified to contest the elections in
terms of constitutional provisions and she was not holding the office of MNA
from Constituency 69 with lawful authority, as a disqualified person had no right
to represent the electorate of the country.

“Therefore,
on account of such qualification she would not be entitled to contest the
election in future as well, and if she does contest elections and is declared
as successful, the Election Commission of Pakistan (ECP) shall be bound to de-notify
her,” the court ruled in its judgment.

The
court noted when she submitted nomination papers she was not qualified, as
according to the findings so recorded by the court, she had obtained a BA
degree through impersonation and as it was normally disclosed by the candidates
in the nominations papers, she had proved herself not to be a truthful person.

The
court after allowing the appeal filed by Malik Omar Aslam, the rival candidate
of Sumaira Malik, declared the notification dated 01.03.2008, notifying Sumaira
Malik as the returned candidate from the Constituency NA-69 (Khushab-I) in the
general elections held on 18.02.2008, to be void.

“Sumaira
Malik is hereby declared to be disqualified from becoming member of parliament
with all its consequences and a copy of the judgment be sent to the ECP for
further proceeding in accordance with law,” says the
verdict. The court also ruled that appellant was also held entitled to the cost
throughout.

Sumaira
Malik was elected an MNA on PML-N’s ticket from Khushab in 2008. However, Malik
Omar Aslam challenged her victory in the Supreme Court, stating that she had
fake academic record and that she hired a person impersonating her in degree
examinations.

The
court observed that Sumaira Malik had obtained a BA degree by way of
impersonation meaning thereby that at the time when she filed nomination papers
she was not qualified to contest and had proved herself not sagacious,
righteous, non-profligate, honest and Ameen in terms of Article 62(1) (f) of
the Constitution, as has held in the case of Syed Mehmood Akhtar Naqvi’s case
(PLD 2012 SC 1089).

“It
may be noted that under Article 63 of the Constitution of the Islamic Republic
of Pakistan there are certain disqualifications which are of temporary nature
and a person disqualified under Article 63 can become qualified after lapse of
certain period as mentioned therein, whereas, the requirements of Article 62
are of permanent nature and a person has to fulfill certain
qualifications/conditions to become eligible to be elected or chosen as a
member of Majlis-e-Shoora (Parliament), otherwise he is not eligible to be a
Member of Majlis-e-Shoora (Parliament),” the
verdict observed.

[The
News, October 29, 2013]

SC
finds Sumaira Malik’s husband guilty of manipulation

ISLAMABAD:
Sumaira Malik’s husband, a government servant and the key position he held when
she did her fake graduation from the Punjab University, found mention in the
Supreme Court judgment that disqualified her as an MNA and found the husband
guilty of manipulation.

“Tahir
Sarfraz was in a position to have his way with university officials who were
dependent on him and he could manipulate matter in the university and actually
did so,” the judgment said.

What
senior bureaucrat Tahir Sarfraz did for his spouse was nothing out of the
ordinary but was normal as husbands do for wives, without knowing that one day
even such a routine favour would turn out to the great disadvantage of their
life partners.

The
ruling said that it may be noted that at the time of submission of application
form for examination of Bachelors of Arts in the Punjab University, Tahir
Sarfraz, was Additional Secretary (Schools) in the Punjab Education Department
and had attested her alleged admission form.

In
reply, Sumaira Malik denied the allegation as false and her stand was that she
was bona fide graduate and the allegation was highly degrading and vague.
However, the Election Tribunal (ET), which dismissed the petition against her,
referred to the statement of Muhammad Rauf Nawaz, Deputy Controller
(Examination), who appeared as prosecution witness, and also discussed the
details of the record, including the statement of Rauf Nawaz and details of the
document, which according to him was admittedly part of the record of the
university.

The
judgment said it is important to note that the ET also observed that what is
important to note is that the allegation of impersonation was leveled by the
petitioner, Umar Aslam, against Sumaira Malik for the first time in the year
2002 by way of an application before the Punjab University. These charges were
not proved and after due inquiry in which the both parties participated, her
degree was found to be valid and the charge of impersonation was found to be
baseless. The ET relied upon the university findings.

It
said that the so called enquiry and its findings are evidently fake, false and
manipulated in order to cover up the impersonation. There is no notice of proceedings
of enquiry for 2002 as is evident from the report of December 10, 2002. She
does not seem to have appeared before any enquiry committee and the writing and
signatures appears to have been procured because she does not remember the
number of committee members, who was its head, what were their designations,
what is thedate of appearance before the committee and who dictated her
writing.

According
to the judgment, her husband at the given time held a very important position
being Additional Secretary (Schools) and the Punjab University is controlled by
the Provincial Education Department as per the rules of Business of the Punjab
Government. Thus, Tahir Sarfraz was in a position to have his way with
university officials who were dependent on him, and he could manipulate matter
in the university and actually did so, the decision said.

Sumaira
Malik’s election in 2008 from Khushab was challenged the same year, but the ET
handed down its decision in her favour in 2013.The apex court did not approve
such long delay and said that the provisions of section 67(1A) of the
Representation of Peoples Act(RPA) are mandatory in nature. This is evident as
the section contains penal consequences for taking adjournments and failing to
decide an election petition within four months.

In
this regard it is instructive to have recourse to the decision of apex court in
the case of Maulana Nurul Haq v Ibrahim Khalili (2000 SCMR 1305), wherein it
was held that it is abundantly clear that Section 67(1A) is a mandatory
provision of law that entails penal consequences for non-compliance. Therefore,
the ET failed to penalize Sumaira Malik for repeatedly delaying the
proceedings.

The
decision quoted the law, which said where a petition is not decided within four
months, further adjournment sought by any party will be granted only on payment
of special cost of Rs10,000 per adjournment, and adjournment will not be
granted for more than three days. If the ET itself adjourns it will record
reasons for it. Where delay in the proceedings is occasioned by any act or
omission of a returned candidate or any other person acting on his behalf, the
ET itself, or on application of the aggrieved party, will after issuance the
show cause notice to the returned candidate, within 15 days from the date of
show cause notice may order that the returned candidate has ceased to perform
the functions of his office either till the conclusion of the proceedings or
for such period as the ET may direct.

The
ruling said that It has been noticed that not only in the instant case but in
so many other identical cases pertaining to elections, timely decisions are not
taken by the ETs because they are ordinarily presided by high court judges, who
remain unable to conclude matters expeditiously on account of their other
judicial commitments, or because of delaying tactics employed by respondents who,
having been declared as returned candidates enjoy the status of member of the
National or Provincial Assembly.

“We
are of the considered opinion that, as held by this Court in Muhammad Usman
Achakzai v Election Tribunal Balochistan PLD 2010 SC 943), such delays in
disposal of election petitions before the Tribunal in fact deprive a large
number of electors of the constituency to have their due representation in the
elected Houses, particularly in those matters where a whole term has been
enjoyed by a winning candidate, who may later turn out to be disqualified on
any count.”

Thus,
the decision said, delay causes the people of constituency to be represented by
a person who is not duly elected. This clearly negates the principle of
democratic system of government. There is wisdom in fixing the period for
decision of such cases that there should be no uncertainty for the persons, who
have been elected or who have challenged the election before the ET or the
court and after expeditious disposal of the same. They should consume all their
energies for the welfare of the people whom they represent, instead of wasting
time in pursuing such matters before the courts, it said.

It
was held that the contention of an appellant that fair hearing was not afforded
to him was without merit and in fact spoke volumes of his propensity to prolong
litigation at any cost. It is thus clear that a legal duty has been cast upon
the ET to reach a conclusion expeditiously by following stringent/coercive
measures of imposing a cost and assigning the reasons if cases are adjourned by
the ET.

[The
News, October 29, 2013]

Procuring
a fake degree: Top court disqualifies PML-N’s Sumaira Malik

ISLAMABAD: The
Supreme Court of Pakistan disqualified Pakistan Muslim League-Nawaz MNA Sumaira
Malik for holding a fake degree. She has proven not to be a truthful person,
the court judgment held on Monday, asking the Election Commission of Pakistan
(ECP) to proceed against her and not allow her to contest elections in future.

Malik
had emerged victorious in the elections in constituency NA-69 Khushab in 2008.

The
apex court said that Malik should be asked to reimburse all the expenditure
incurred while she was in office. The decision was reserved by a three-member
bench headed by Chief Justice Iftikhar Muhammad Chaudhry on October 9 and was
announced by the court on Monday. Malik’s sister and Pakistan Tehreek-e-Insaf
(PTI) member Ayla Malik was also disqualified in July for the same reason.

“It
is clear that in order to make herself qualified for contesting elections in
the year 2002, she arranged for a Bachelor of Arts degree by way of
impersonation to fulfil the requirements of Article 8-A of the Conduct of
General Election Order, 2002. After having passed her Intermediate exam in the
year 1981, it was not necessity for her to obtain a BA degree,” the judgment
says.

The
court further held that as a disqualified person she has no right to represent
the electorate of the country and on account of such qualification, she would
not be entitled to contest the election in future as well. Meanwhile, if she
does contest elections and is declared successful, the election commission
shall be bound to de-notify her win.

According
to the defendant, the record does indicate that she actually took the BA
examination herself. However, the complainant argues that in the absence of
having her photographs on the application form, registration record, as well as
the record of examination, someone else took the examination on her behalf and
Sumaira Malik procured a bogus degree.

It
was further argued that if there is any record with the university, it was
falsely created under the direct and unlawful influence of her husband, Malik
Tahir Sarfraz, who was then serving as Additional Secretary, Schools, and had
attested her alleged admission form.

Earlier,
a Punjab University committee had given a clean chit to Sumaira Malik, whereas,
an Election Tribunal also relied on the committee’s findings. However, the case
remained pending before the courts and finally landed in the Supreme Court,
which resulted in her disqualification.

“A
plain comparison of the signature on the ID Card bearing No 128-64-180716,
handwritten samples and the signatures on the admission form clearly indicate
that there is lot of difference….” the court observed in the judgment.

The
court defended the delay in this case: “It has been noticed that in so many
other identical cases pertaining to elections, timely decisions are not taken
because, inter alia, election tribunals are ordinarily presided by learned
Judges of the High Courts who remain unable to conclude matters expeditiously
on account of their other judicial commitments.”

The
Higher Education Commission (HEC) had received over a hundred degrees for
verification belonging to legislators from the National Assembly as well as the
provincial assemblies.

Official
figures had revealed that around 50 MNAs and MPAs with alleged dubious or fake
degrees belong to the ruling PML-N. It is followed by PTI, the party ruling in
K-P, which has degrees of 24 MPAs and MNAs being challenged in the courts.

Wednesday, November 13, 2013

Pakistan,
drowned deep in debt, is sinking deeper and deeper with each passing moment.
The situation, if not remedied on a war footing, will eventually lead the
country to an economic collapse. During the last three months, the debt burden
has soared by Rs 980 billion - an unprecedented increase pushing the total
domestic debt up to Rs 15 trillion. This does not include borrowing from the
International Monetary Fund (IMF) to avert a serious balance of payment crisis.
The Muslim League Nawaz (PML-N) was very critical of the Pakistan People's
Party (PPP) government for increasing the debt burden of the country by 100% in
five years, but its own record during three months is more deplorable - adding
Rs 11 billion a day is awfully gruesome!

On 30th June 2013, the federal government's total domestic debt was Rs 14
trillion which as of today stands at Rs 15 trillion. Increase of one trillion
in three months is terrifying. The total debt burden-internal Rs 15 trillion
and external $62 billion-is not debated in the Parliament. The members seem more
obsessed about arguing whether Hakimullah Mehsud, killed in a drone attack, is
a martyr or not. For them drone attacks are violation of sovereignty but
begging from USA, its allies and international donors is a matter of honour!
One needs to remind them Allama Iqbal's famous verse:

Taqdeer Ke Qazi Ka Ye Fatwa Hai Azal Se

Hai Jurm-e-Zaeefi Ki Saza Marg-e-Mafajat!

[T'is the immutable decree of the Judge of destinies - That weakness of a
nation leads to its subjugation]

Nobody in the National Assembly or Senate is worried about erosion of our
resources consumed largely by debt servicing and how to come out of 'debt
prison' that is main cause of political subjugation. They are wasting words and
energies on non-issues.

When the PPP government was borrowing on an average of Rs 3-4 billion a day,
Senator Ishaq Dar was very critical and now he is resorting to Rs 9-10 billion
a day - still he keeps on accusing his predecessor regime for all the ills!
This monstrous debt burden is going to further enhance allocation for debt
servicing in the next budget. In the current year it is Rs 1154 billion, 61% of
target assigned to Federal Board of Revenue (FBR) and double the defence budget
of Rs 627 billion. The surge of Rs 325 billion in external debt and one
trillion in domestic debt during July-September 2013 portrays an alarming
situation. The continuous accumulation of internal debt - insatiable desire to
get funds from commercial banks and State Bank of Pakistan (SBP) - besides depriving
the private sector from much-needed funds for investment is giving rise to
inflation that touched the level of 9.5% by the end of October 2013.

The data released by SBP for the first quarter of the current fiscal year
reveals that:

--- domestic debt increased from Rs 9.52 trillion to Rs 10.16 trillion in just
three months, showing an increase of Rs 635 billion or 6.7%. Within the
domestic debt, the short-term debt ballooned by Rs 611 billion or 11.7%.

---
short-term debt that was Rs 5.2 trillion in June 2013 increased to Rs 5.8
trillion. The biggest jump came in the market treasury bills after the
commercial banks refused to reschedule their loans.

--- debt under the market treasury bills for replenishment of cash increased
from Rs 2.27 trillion to Rs 3.1 trillion, a net increase of Rs 750 billion or
33%.

--- external debt increased by Rs 325 billion or 7.3% - as against June 30
level of Rs 4.48 trillion whereby the external debt increased to Rs 4.83
trillion. Out of the total external debt, the major increase was in the
long-term debt that increased from Rs 4.48 trillion to Rs 4.8 trillion, a jump
of Rs 325 billion or 7.3%.

--- 7% devaluation of local currency against the US dollar resulted in massive
jump in the long-term foreign debt. By end June the US dollar was equal to Rs
99.20 that devalued by Rs 6.90 to Rs 106.1 a dollar by end September 2013.

It is worth mentioning that even entering into a tough deal with IMF has not
helped Pakistan to convince other international lenders to be 'generous'. The
World Bank delayed sanction of one billion dollars making it conditional with
energy and taxation reforms. Two development policy credits - Jobs and Growth
& Power Sector Reforms - each worth $500 million are lingering on for want
of approval by the Board of Directors of the World Bank. The upfront
disbursement of these, in a single tranche, could help strengthen Pakistan's
reserves. The government after IMF programme hoped to receive these immediately
to improve the fast dwindling foreign currency reserves that plunged to $4.299
billion - insufficient to meet even one month's import bill. The massive dip in
foreign currency reserves, despite IMF's payout, has left Pakistan and the IMF
bewildering!

At the time of signing the IMF 6.7 billion programme, Pakistan expected to
receive additional $6 billion to $8 billion from the World Bank, the Asian
Development Bank, the Islamic Development Bank and other bilateral donors over
a period of three years. These institutions, after the termination of IMF programme
in 2010, stopped lending to Pakistan. Now even after the renewed IMF programme,
the World Bank has subjected approval of its funds to accelerating of FBR's
efforts for tax compliance by the rich, revamping of Planning Commission and
power sector-specific reforms. The linkage of these funds with taxation reforms
has already dampened the hopes of the government as broadening of tax base
received a serious setback in the first three months - FBR's lack of
agility, Business Recorder, October 25, 2013.

The only way to come out of prevalent mess is to accelerate growth, generate
employment, enhance tax revenues, and stop financing luxuries of elites and
losses of public sector enterprises (PSEs). But the present government like
PPP-coalition government is not serious about it. During its election campaign,
Muslim League Nawaz (PML-N) made tall claims that on assuming power it will get
rid of the "cancer of external debts". However, PML-N government is
knocking the doors of international lenders more vigorously than PPP.

Internal debt has already breached the limit of 60% imposed under the Fiscal
Responsibility and Debt Limitation Act 2010. The law requires the government to
prepare and revise the debt management policy every year in January but nothing
has been done as there is no debt reduction plan. Making things worse, the
government is not inclined to impose fiscal discipline and reckless borrowing
continues to pay off liabilities of the corruption-ridden inefficient PSEs.
According to SBP, the funding of PSEs has inflicted economy heavily, increasing
the stock of total debt & liabilities (TDL) by Rs 500-600 billion.

All the governments - civil or military alike - have failed to end debt
enslavement by raising revenues even to the extent of Rs 6 trillion, though
actual potential is not less than Rs 8.5 trillion [FBR's Year Book
2012-13, Business Recorder, September 27, 2013]. Unless it is done,
Pakistan can never come out of the 'debt prison'. The Senate was informed on
January 23, 2013 that over 3.39 million individuals had National Tax Numbers
(NTNs), but only 885,999 filed their returns. The former Finance Minister,
Abdul Hafeez Sheikh admitted that the number of income tax filers had
drastically reduced to 1.6 million by 31 December 2012. The Senate was told
that "a large number of businesses and individuals, who were regularly
filing their income tax returns, are now avoiding their legal obligations by
either under-declaring or incorrectly declaring their assets and incomes".

After admitting widespread tax non-compliance, no action was taken against any
official of FBR. There is no will to eliminate wasteful spending on monstrous
government machinery and inefficient PSEs. The way the government is behaving,
our foreign debt would reach US $75 billion in 2015 and domestic debt would be
Rs 20 trillion. The policies of appeasement towards tax evaders, money
launderers and plunderers of national wealth and monopolisation of resources by
Riasti Ashrafiya (State Aristocracy) have
pushed the country towards disaster. The word 'austerity' is not available in
the dictionary of the State Aristocracy-indomitable militro-judicial-civil
complex and men in power. The habit of living beyond means-our national
addiction-has turned the nuclear-powered Pakistanis into a nation with a
beggar's bowl. When foreign lenders see the lifestyle of our ruling elite, they
immediately show indignation-it is hard to believe for them that the rulers of
a nation surviving on borrowed funds and on the brink of bankruptcy are capable
of displaying such flamboyance.

Reluctance to collect taxes from the rich and mighty, rather giving them free
benefits and perquisites at State's expense, is worsening the miseries of the
poor. There is no scarcity of resources as propagated by the rulers to shift
blame on others, but the real cause is outlandish living of the elites off
taxpayers' money. Look at residences of judges, generals and high-ranking civil
officials with army of servants and fleet of cars. Wasteful spending on State
Aristocracy and unwillingness to tax the rich is playing havoc with the
economy. Behind the present chaotic socio-economic and political situation in
Pakistan, amongst other factors, is an ever widening gulf between the rich and
the poor. With every passing day more and more people are being pushed below
the poverty line, our rulers unashamedly waste billions on their comforts and
personal security.

The present crisis testifies to the failure of power-hungry, money-greedy
politicians and incompetent, inefficient and corrupt bureaucrats. Even the
so-called technocrats always take the first flight to Washington after creating
a mess and tearing apart the economic fabric of the country - where are Shaukat
Aziz and Abdul Hafeez now? In this bleak scenario, Riasti
Ashrafiya is not ready to surrender extraordinary perks and
privileges enjoyed by them at the cost of taxpayers' money. How can rulers and
bureaucrats living in fortified containments, completely oblivious of the
ordinary people's plight, feel the pinch of life's hardships?

We cannot come out of debt-enslavement unless we restructure our State on the
principle enshrined in Article 3 of the Constitution - from each according to
his ability, to each according to his work. For this, everyone should be given
work with a fair reward in return. There should be a complete change in the
style of governance - the President, Governors, Prime Minister, Chief
Ministers, ministers, parliamentarians, and high-ranking government officials
should be given 'consolidated pay' liable to tax just like the income of an
ordinary citizen. Palatial residences occupied by them should be sold or
converted into income-yielding assets, and all perquisites of civil servants
and public office-holders should be monetized to remove the burden off our country's
broken financial back.

[This
article first appeared in Business Recorder on November 8, 2013. The writers,
lawyers and authors of many books, are Adjunct Faculty Members at Lahore
University of Management Sciences.]

Note:
Reproducing this article in my Blog does not amount to my agreeing with the
authors' point of view.

Tuesday, November 5, 2013

We are
not a normal nation and live down inside the proverbial well made of our own
presumptions. Thus we are a perfect subject matter for psychologists to study. In
addition, we are never ready to admit that, instead declare others abnormal.
That makes us own a stinted mindset in our heads. What’s wrong with this
mindset is that it never allows us to live normally, to have introspection, to
see ourselves in a critical mirror, to identify our mistakes, to understand our
inconsistencies, to grant others the same rights and freedoms that only we
rightfully claim to possess and enjoy. It is this mindset that does not let us
come out of our obsession of a charismatic nation (for whom things will happen
on their own without any effort), and finally it is this mindset that never
permits us to move ahead and improve ourselves.

Forget
the present crisis and the moral bankruptcy which is more than self-evident;
let’s have a look at some crucial evidences. It was in 1870 that Sir Syed Ahmad
Khan complained: “When in the courts of Hindustan Hindus come to give evidence,
the judge even though he be a Muslim, has to think about the truthfulness of
his evidence, but when comes a Muslim witness and he tells his name and the
judge is almost certain that he will be lying and giving a false evidence until
and unless by some other manner his truthfulness establishes. Muslim
merchandise sellers as compared to other nations lie a lot, and cheat. They
would never reveal the original price of an item and remain intent upon
charging as much price from the buyer as is possible.”

Furthermore,
in 1895 Sir Syed again resents: “For people to take part in trade depends on
many a factor. Most important of them is that they are totally honest, and with
all their truthfulness wholly dedicated to the flourishing and expansion of
this factory of trade. My friends will pardon me if I say that Muslims are
rarely endowed with this quality.”

And if
not Sir Syed as we do not honor him the way it is due to him, here is Sir Dr.
Allama Muhammad Iqbal, our holdall sort of thinker/philosopher. In his Stray
Reflections, A Note-Book, he writes and it is in the year 1914: “Of all the
Muslim communities of the world they (‘Musalmans of India’) are probably the
meanest in point of character.”

Additionally,
one most recent evidence: Dr. Israr Ahmad of QuranAcademy,
Lahore, repined
in 1999, “On this earth the most hypocritical nation is Pakistani.”

What
greater evidence is required to convince us that we need to change this mindset
if we want to go ahead and make progress in any field of life! As I have
written elsewhere the first pre-requisite for this process to begin is to
create an environment where the existing set of laws and rules are able to be strictly
implemented without any let or hindrance, absolutely with a blind eye.

Also, it
is crucially necessarily that a process of accountability be set in motion with
retrospective effect and for this purpose an independent commission consisting
of judges and prominent intellectual figures of impeccable integrity, with no
political affiliation, and with proven commitment to the constitution of Pakistan be set
up. Its mandate should not be less than investigating the constitutional and
financial irregularities since the date the constitution of 1973 came into force
and recommending trial in the courts for due punishment. This point in time may
be August 14, 1947,
but then a frame of reference will be needed for the inquiry commission to help
with. Not only will that help sift the lawless and corrupt elements from the
life of Pakistanis but discourage future adventurers also. That’s a
long-standing demand too.

Last but
not least, to break the iron-shell of this mindset, academic and intellectual
freedom at any cost be ensured to each and everyone. That again brings us back to
the strict enforcement of fundamental rights secured in the constitution. These
rights especially freedom of speech, freedom of association, and freedom of
assembly need to be promoted and fully protected. That will let a hundred
flowers blossom and search for truth to take its due course without any fear of
persecution and stopping on this or that pretext by this or that lobby claiming
to be the sole possessor of Pakistan and its ideology. This may put us on a
track leading to a new Pakistan
with an open, tolerant and absorbing mind the essential preconditions for
change and improvement in our society.

The Blogger

The blogger cherishes a cosmopolitan spirit; he is a moralist; a rationalist; a philosopher; a political philosopher; he believes in Classical Liberalism, as a Theory of Conduct.
He has substantially contributed to the founding of the first free market think tank of Pakistan, Alternate Solutions Institute.
He is a writer who wrote / published dozens of articles on a variety of issues, and is author of 4 books.
He wrote / published short-stories in Punjabi, a regional language of Pakistan.
He composes poetry both in Urdu and Punjabi, and has already published one collection.